§Why CasetextPricing

Marc A. Nicometi, Appellant-Respondent,v.The Vineyards of Fredonia, LLC, et al., Respondents-Appellants, et al., Defendants.--------------------------------Scott Pfohl, et al., Third-Party Plaintiffs, v. Western New York Plumbing-Ellicott Plumbing and Remodeling Co., Inc., Third-Party Respondent-Appellant.

Brief

27 Cited authorities

  1. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 21,117 times   8 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony

  2. Ross v. Curtis-Palmer

    81 N.Y.2d 494 (N.Y. 1993)   Cited 3,583 times
    Holding that plaintiff's "§ 241 claim must fail because of the inadequacy of his allegations regarding the regulations defendants purportedly breached"

  3. Blake v. Neighborhood Hous. Serv. of N.Y.C.

    1 N.Y.3d 280 (N.Y. 2003)   Cited 1,757 times   2 Legal Analyses
    Holding that "an accident alone does not establish a Labor Law § 240 violation"

  4. Runner v. New York Stock Exchange

    2009 N.Y. Slip Op. 9310 (N.Y. 2009)   Cited 1,003 times   21 Legal Analyses
    Explaining that § 240 “was designed to prevent those types of accidents in which the scaffold, hoist, stay, ladder or other protective device proved inadequate to shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person”

  5. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,879 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"

  6. Cahill v. Triborough

    4 N.Y.3d 35 (N.Y. 2004)   Cited 707 times   1 Legal Analyses
    Finding that the worker's actions constituted negligence and a jury could have found his negligence to be the sole cause of his injuries

  7. Gordon v. Eastern Ry. Supply

    82 N.Y.2d 555 (N.Y. 1993)   Cited 890 times
    Holding that defendants were liable under Labor Law § 240 for plaintiffs fall and injury occasioned by an allegedly defective sandblaster where such injuries were the foreseeable result of the failure to provide plaintiff with a safe scaffold or ladder while sandblasted a railway car from a ladder

  8. Robinson v. East Medical Center

    2006 N.Y. Slip Op. 2457 (N.Y. 2006)   Cited 454 times   2 Legal Analyses
    Affirming summary judgment where eight-foot ladders were available and adequate to prevent plaintiff's injuries because the sole proximate cause of plaintiff's injuries was his misuse of a six-foot ladder

  9. Weininger v. Hagedorn Company

    91 N.Y.2d 958 (N.Y. 1998)   Cited 265 times
    Finding that worker running computer and telephone cables through ceiling to new office space was engaged in altering a structure

  10. Melber v. 6333 Main Street, Inc.

    91 N.Y.2d 759 (N.Y. 1998)   Cited 138 times
    In Melber, the plaintiff was standing on 42–inch stilts while installing metal studs in the top of a drywall (see id. at 761, 676 N.Y.S.2d 104, 698 N.E.2d 933).

  11. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,735 times   9 Legal Analyses
    Requiring "proper protection"

  12. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review